Property rights of the spouses: concept and content

Abstract

In the paper the property rights of spouses are studied, their specific features are identified, as well as the features of individual property rights of spouses. On the basis of the conducted scientific research, the author came to the conclusion that the property rights of spouses are those powers of a property nature, which are defined by family legislation or other sources of family law, arise in connection with the state registration of marriage and can be exercised by the spouses or one of them as bearers of these rights; rights that arise in connection with the exercise of the right of joint ownership of the property of the spouses or the right of personal private ownership of the property of one of the spouses or from alimony obligations of the other spouse. The paper highlights the general and special features of property rights of spouses, including that can be alienated in a contractual manner (regarding rights to proper property), inalienability and personal character (regarding the right to maintenance). The property rights of spouses include: property rights of spouses arising from the right of personal private ownership of certain property, property rights of spouses arising from the right of joint ownership of property acquired during marriage, the right of one of the spouses to enter into an agreement with the other person regarding the disposal of their a share of the right of joint co-ownership of the spouses in the case of its determination and allocation in kind or determination of the procedure for using joint property, the right of the spouses to divide the property that is the object of the right of joint co-ownership, as well as to determine the methods and procedure for dividing the corresponding property, the right to dispose of joint property and determine its legal regime after the death of one of the spouses and both of them by concluding a will of the spouses, the right to maintenance in the event that the disabled spouse needs financial assistance, the right to maintenance of the wife during pregnancy, the right to maintenance of one of the spouses with whom the child lives, the right to determine the methods of providing maintenance to one of the spouses.